2006 (5) TMI 292

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..... R, for the Respondent. [Order per : S.L. Peeran, Member (J)]. By Miscellaneous Order No. 619/05, dated 27-12-05, this bench has been pleased to refer the matter to the Hon ble President for constituting larger bench to decide the reference. The Commissioner is aggrieved with this miscellaneous order and has filed the above application under Section 129 E for recall of the miscellaneous o .....

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..... arger Bench when certain important questions are raised or when there are different orders. He points out from the miscellaneous order that very important question of law had been raised with regard to the recovery of duty when notification has been rescinded. In this connection, the appellant had relied on large number of Apex Court judgments which clearly held that once the notification is resci .....

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..... ts in the matter. He submits that appellants being a hospital is already decided in the citations and there was no need for reference of this issue to the larger bench. He submits that from the date of import, the appellants were not eligible for the benefit of the notification and as such the reference of the matter to the larger bench was not required. 5. On a careful consideration, we notice .....

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